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A BILL TO BE ENTITLED
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AN ACT
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relating to non-medical exemptions from immunization requirements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 38.001(c) and (f), Education Code, are |
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amended to read as follows: |
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(c) Immunization is not required for a person's admission to |
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any elementary or secondary school if the person applying for |
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admission: |
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(1) submits to the admitting official: |
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(A) an affidavit or a certificate signed by a |
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physician who is duly registered and licensed to practice medicine |
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in the United States, in which it is stated that, in the physician's |
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opinion, the immunization required poses a significant risk to the |
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health and well-being of the applicant or any member of the |
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applicant's family or household; or |
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(B) an affidavit signed by the applicant or, if a |
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minor, by the applicant's parent or guardian stating that the |
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applicant declines immunization for non-medical reasons [of
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conscience, including a religious belief]; or |
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(2) is a member of the armed forces of the United |
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States and is on active duty. |
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(f) A person who has not received the immunizations required |
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by this section for non-medical reasons [of conscience, including
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because of the person's religious beliefs,] may be excluded from |
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school in times of emergency or epidemic declared by the |
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commissioner of state [public] health services. |
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SECTION 2. Sections 51.9192(d), (d-3), and (d-4), Education |
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Code, are amended to read as follows: |
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(d) A student to whom this section applies or a parent or |
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guardian of the student is not required to comply with Subsection |
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(c) if the student or a parent or guardian of the student submits to |
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the institution: |
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(1) an affidavit or a certificate signed by a |
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physician who is duly registered and licensed to practice medicine |
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in the United States in which it is stated that, in the physician's |
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opinion, the vaccination required would be injurious to the health |
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and well-being of the student; or |
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(2) an affidavit signed by the student stating that |
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the student declines the vaccination for bacterial meningitis for |
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non-medical reasons [of conscience, including a religious belief,] |
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or confirmation that the student has completed the Internet-based |
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process described by Subsection (d-3) for declining the vaccination |
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on that basis, if applicable to the student. |
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(d-3) The Department of State Health Services shall develop |
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and implement a secure, Internet-based process to be used |
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exclusively at those public junior colleges that elect to use the |
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process to allow an entering student to apply online for an |
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exemption from the vaccination requirement under this section for |
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non-medical reasons [of conscience]. The online process portal |
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must be designed to ensure that duplicate exemption requests are |
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avoided to the greatest extent possible. The exemption form used by |
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a student to claim an exemption under the process must contain a |
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statement indicating that the student understands the benefits and |
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risks of the immunization and the benefits and risks of not |
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receiving the immunization. |
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(d-4) A public junior college may require an entering |
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student to use the Internet-based process under Subsection (d-3) as |
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the exclusive method to apply for an exemption from the vaccination |
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required under this section for non-medical reasons [of
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conscience]. |
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SECTION 3. Section 51.933(d), Education Code, is amended to |
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read as follows: |
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(d) No form of immunization is required for a person's |
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admission to an institution of higher education if the person |
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applying for admission: |
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(1) submits to the admitting official: |
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(A) an affidavit or a certificate signed by a |
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physician who is duly registered and licensed to practice medicine |
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within the United States in which it is stated that, in the |
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physician's opinion, the immunization required poses a significant |
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risk to the health and well-being of the applicant or any member of |
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the applicant's family or household; or |
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(B) an affidavit signed by the applicant or, if a |
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minor, by the applicant's parent or guardian stating that the |
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applicant declines immunization for non-medical reasons [of
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conscience, including a religious belief]; or |
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(2) is a member of the armed forces of the United |
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States and is on active duty. |
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SECTION 4. Section 161.004(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) A child is exempt from an immunization required by this |
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section if: |
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(1) a parent, managing conservator, or guardian states |
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that the immunization is being declined for non-medical reasons [of
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conscience, including a religious belief]; or |
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(2) the immunization is medically contraindicated |
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based on the opinion of a physician licensed by any state in the |
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United States who has examined the child. |
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SECTION 5. Section 161.0041(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A person claiming an exemption from a required |
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immunization based on non-medical reasons [of conscience,
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including a religious belief,] under Section 161.004 of this code, |
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Section 38.001, 51.9192, or 51.933, Education Code, or Section |
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42.043, Human Resources Code, must complete an affidavit on a form |
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provided by the department stating the reason for the exemption. |
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This subsection does not apply to a person claiming the exemption |
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using the Internet-based process under Section 51.9192(d-3), |
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Education Code. |
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SECTION 6. Section 224.002(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) The policy may include procedures for a covered |
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individual to be exempt from the required vaccines based on |
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non-medical reasons [of conscience, including a religious belief]. |
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SECTION 7. Section 42.043(d), Human Resources Code, is |
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amended to read as follows: |
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(d) No immunization may be required for admission to a |
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facility regulated under this chapter if a person applying for a |
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child's admission submits one of the following affidavits: |
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(1) an affidavit signed by a licensed physician |
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stating that the immunization poses a significant risk to the |
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health and well-being of the child or a member of the child's family |
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or household; or |
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(2) an affidavit signed by the child's parent or |
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guardian stating that the applicant declines immunization for |
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non-medical reasons [of conscience, including a religious belief]. |
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SECTION 8. Section 42.04305(d), Human Resources Code, is |
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amended to read as follows: |
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(d) The policy shall include procedures for a facility |
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employee to be exempt from the required vaccines based on |
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non-medical reasons [of conscience, including a religious belief]. |
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SECTION 9. As soon as practicable after the effective date |
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of this Act, the Department of State Health Services shall modify |
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the existing affidavit form required by Section 161.0041, Health |
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and Safety Code, as amended by this Act. |
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SECTION 10. The changes in law made by this Act to Section |
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38.001, Education Code, relating to public school students apply |
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beginning with the 2017-2018 school year. |
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SECTION 11. The changes in law made by this Act to Sections |
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51.9192 and 51.933, Education Code, apply only to entering students |
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enrolling in public institutions of higher education in this state |
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beginning with the 2017 fall semester. |
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SECTION 12. The change in law made by this Act to Section |
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42.043, Human Resources Code, applies beginning September 1, 2017. |
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An affidavit submitted to a facility before the effective date of |
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this Act is governed by the law in effect on the date the affidavit |
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is submitted, and the former law is continued in effect for that |
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purpose. |
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SECTION 13. This Act takes effect September 1, 2017. |